HomeMy WebLinkAboutAV 15-01; Mahon Residence; Administrative Variance (AV)May 19,2015
lan Mahon
4826 Kelly Drive
Carlsbad, CA 92008
SUBJECT: AV 15-01-MAHON RESIDENCE
Ccityof
Carlsbad
The City Planner has completed a review of your application for an Administrative Variance, AV 15-01-
MAHON RESIDENCE at 4826 Kelly Drive. After careful consideration of the circumstances surrounding
this request, the City Planner has determined that the five findings required for granting an
Administrative Variance CANNOT be made and therefore, DENIES this request based on the following
findings.
Findings:
1. There ARE NOT special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings applicable to the property, and the strict application of the
zoning ordinance DOES NOT deprive such property of privileges enjoyed by other property in the
vicinity and under identical zoning classification in that the front yard is sufficient in size to enable a
six foot tall wall to be built outside the front yard setback. Furthermore, the wall which is for
decorative, noise attenuation or security purposes does not constitute relief from unusual
difficulties or unnecessary hardships associated with the property in question in that the property
is of average size and shape and is relatively flat with no physical constraints such as slopes.
2. The requested variance WOULD constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property is located in
that no other property in the vicinity has an approved wall or fence over 42 inches in height within
the front yard setback. Although, there are other walls exceeding the maximum allowed height in
a front yard setback within the same neighborhood, none of these property owners possess
variances for such walls. Therefore, none of these property owners have been granted a special
privilege for their non-conforming walls.
3. The granting of this variance WOULD authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property in that the subject property is
designated R-1 -One Family Residential Zone and walls as permitted by the Carlsbad Municipal
Code {CMC} are a typical component of residentially zoned areas. The proposed wall is located
within the front yard setback and is not permitted per CMC 21.46.130 which restricts wall height
to a maximum of 42 inches within the front yard setback.
Community & Economic Development
Planning Division J1635 Faraday Avenue Carlsbad, CA 92008-7314J760-602-4660 J760-602-8560 f J www.carlsbadca.gov